Upon completing a criminal sentence, many will reflect on the consequences of their actions. While some may never stray from the bounds of the law again, that’s not the case for others. If you are facing drug charges and have prior criminal convictions on your record, it can significantly impact the outcome of your case. Generally, New York courts vigorously pursue repeat offenders to deter them and others from engaging in illegal activities in the future. Please continue reading to learn how prior convictions can affect current drug charges and how a skilled Rockland County Drug Possession Attorney can help develop a tailored defense strategy to mitigate the impact of past criminal history.
When Can a Judge Allow Evidence of Previous Convictions to Be Used Against You in Court?
If you are facing drug charges in New York and have a prior criminal conviction, the outcome of your current case may be influenced in various ways by the previous conviction. However, before a judge will allow evidence to be used against you, they must evaluate the purpose of the evidence. As a result of the unduly prejudice this evidence can have on a defendant, a judge must weigh the consequences. In deciding to allow prior convictions to be presented as evidence, a judge will typically take the following factors regarding the previous conviction into account:
- The length of time that has passed since the prior conviction
- The specifics of the charges
- How old the defendant was at the time they were charged with the crime
- The length of imprisonment, if any
- Has the defendant’s conduct changed since the prior conviction
- Whether your credibility is central to the current case
Nevertheless, the prosecution cannot use a prior conviction over ten years old as evidence. If the court allows prior convictions to be used as evidence, it cannot be introduced if the purpose of that evidence is to demonstrate that a defendant has a propensity to commit crimes.
How Do Prior Convictions Affect Current Drug Charges in NY?
When judges determine an appropriate punishment for drug charges, they consider the defendant’s criminal history. Prior criminal convictions that a judge deems admissible can enhance any sentence. New York has stringent laws against drug crimes, so multiple convictions can lead to steep monetary fines, extended probation periods, and even longer jail sentences. Apart from the harsher penalties, a prior conviction can result in higher bail amounts or even denial. This can hinder your ability to prepare for your defense as you will not be afforded a pretrial release. Further, past convictions can result in a judge imposing stricter probation conditions or denying parole.
As you can see, prior criminal convictions can impact the outcome of your case. If you are facing drug charges in New York, please don’t hesitate to contact a seasoned attorney who can effectively represent your interests and safeguard your rights. Contact The Law Office of Carl Spector to discuss your case.
